November 1, 2007

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 1, 2007, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Absent:  None.

 

The meeting was opened with the Pledge of Allegiance.

 

Resolution No. 19650 approving Partial Payment No. 34 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $392.00.

Resolution No. 19651 setting public hearing for December 6, 2007 regarding the voluntary annexation request for property located at 2129 Randolph Road (Farmers State Bank).

Motion to receive and file Turning Stone Addition Final Plat, located east of 10^th Street, north of Connection Blvd (Virginia M. Duffy/Mooney-Engle Land Company, LLC).

Motion to approve the Project Calendar regarding acceptance of certain public improvements, as follows:
a.    Resolution No. 19652 accepting the remaining public improvements for Briargate First Addition to the City of Marion.

b.    Resolution No. 19653 accepting the public improvements for Briargate Second Addition to the City of Marion.

Motion to receive and file report regarding 35^th Street northern extension from Tower Terrace Road to Indian Creek Road.

Motion to receive and file request to install private sewer through city-owned railroad right-of-way (Guppy’s On the Go, 600 Lindale Drive).

Motion to receive and file and refer to TAC request to change parking on the west side of south half of 10^th Street between 6^th and 7^th Avenues. (Sharon Otte).

Motion to approve the minutes of the October 16 and 18, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $501,127.03.  

Resolution No. 19654 approving renewal application for a Class B Liquor permit with additional privilege for Sunday Sales and Catering for The Longbranch, Inc. dba Best Western Longbranch Hotel.

Resolution No. 19655 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Spybar on Tenth, Inc. dba Spybar on Tenth.

Resolution No. 19656 approving renewal application for a Class B Beer Permit with additional privilege for Sunday Sales for HY-VEE, Inc. dba HY-VEE Gas.

Resolution No. 19657 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Dumas’s, L.C. dba Dumas’s.

Motion to receive and file report regarding the 2006 crime rate.

Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to Christmas in the Park on Thursday, December 6, 2007 (Chamber of Commerce).

 

All in favor of motion to approve the consent calendar, motion carried.

 

Moved by Rehn, seconded by Lammers to approve waiver of Noise Ordinance on November 3, 2007 from 5:00 p.m. to 10:00 p.m. at 1001 12th Street (Susannah Mason).  It was noted that the request for waiver of the noise ordinance was received today and the event is on Saturday.  Iowa Code allows an item to be added to the agenda if it is emergency in nature.  The request needs Council action before Saturday.  All in favor, motion carried.

No action was taken on motion to remove from table Resolution No. 19619 approving the Memorandum of Agreement and Final Plat of R.E.C. Second Addition, located north of 29^th Avenue, west of REC Drive (Linn County Rural Electric Cooperative Association) (Tabled 10/18/07).

Resolution No. 19619 approving the Memorandum of Agreement and Final Plat of R.E.C. Second Addition, located north of 29^th Avenue, west of REC Drive (Linn County Rural Electric Cooperative Association) was not brought to the table.

Mayor Nieland opened the public hearing regarding a Development Agreement with MTG Fasteners Inc. dba Midwest Fastener and Fitting for Tax Increment Financing (TIF) Incentives (635 51^st Street).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19658 approving Development Agreement with MTG Fasteners Inc. dba Midwest Fastener and Fitting for Tax Increment Financing (TIF) Incentives (635 51^st Street) was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19658.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding a Development Agreement with Linn County Rural Electric Cooperative Association for Tax Increment Financing (TIF) incentives (Involta, 5055 REC Drive).  Planning and Development Director Tom Treharne noted that the development agreement is with Eastern Iowa Data Center, LLC.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Resolution No. 19659 approving Development Agreement with Linn County Rural Electric Cooperative Association for Tax Increment Financing (TIF) incentives (Involta, 5055 REC Drive) was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 19659.  Moved by Lammers, seconded by Pazour to amend Resolution No. 19659 to approve the Development Agreement with Eastern Iowa Data Center, LLC.  All in favor of amendment, motion carried.  All in favor of motion as amended, motion carried.

Mayor Nieland opened the public hearing regarding a request to vacate and sell a portion of the north/south alley bounded by 24^th and 25^th Streets and 11^th and 12^th Avenues (Matt Kinley, 1111 24^th Street).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19660 approving the vacation of the north/south alley bounded by 24^th and 25^th Streets and 11^th and 12^th Avenues (Matt Kinley, 1111 24^th Street) was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19660.  All in favor, motion carried.

Resolution No. 19661 approving the sale of a portion of the north/south alley bounded by 24^th and 25^th Streets and 11^th and 12^th Avenues in the amount of $619.32 (Matt Kinley, 1111 24^th Street) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 19661.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding submittal of an application to the Iowa Department of Economic Development Housing Fund and the City of Marion commitment of $24,000 as matching funds.   Lisa-Marie Garlich, Project Planner from East Central Iowa Council of Governments, presented the following information regarding the Marion Owner-Occupied Housing Rehabilitation application: 

1.            How the need for the proposed activity or project was identified.
The City of Marion completed a Housing Needs Assessment and Action Plan in 2002.  The Assessment contained data that illustrated the need for a rehabilitation program.  A windshield survey was updated in 2007: of the 645 homes surveyed, 87% were found to need minor or major repair.  As a result of these findings, one of the highest priorities/recommendation of the Action Plan was to submit another grant application for additional funding for the owner-occupied housing rehabilitation program. 

The City was awarded funds in 2004 to rehabilitate 10 homes: to date, 13 have been completed.  The Marion Housing Committee have determined that additional funding is needed to continue with the mission of the previously funded rehabilitation program in Marion.  The Committee knows that there was enough interest in the program with 52 total pre-applications accepted.  Of those 52, 19 fall within the targeted area and 63% are below 50% LMI.   

2.  How the proposed activity or project will be funded and the source of the funds.
The owner-occupied housing rehabilitation project will be funded with $214,234 in federal funds and $24,000 in local monies. The total funds for the housing project are $238,234.  Rehabilitation activities are $149,994. Project administration costs for technical services and direct administration are $88,240.  Federal funds will pay $64,240 towards administration and the local match will fund the rest.  Federal funds will be requested from the Iowa Housing Fund, which is administered by the Iowa Department of Economic Development.

3.  The date the Housing Fund application will be submitted.
The application will be submitted by November 30, 2007 to the Iowa Department of Economic Development.

4.  Amount of federal funds to be requested.
     $ 214,234

5.  Estimated portion of federal funds that will benefit persons of low and moderate income.
100 percent of the funds will benefit households with incomes at or below 80 percent of the county median income level.

6.  Where the proposed activity or project will be conducted
The target area has been selected.  The City of Marion has a population of 26,294.  The target area can be visually seen on the enclosed map.  This was selected based on the locations of the pre-applications received, past homes completed, and the windshield survey completed by the Housing Committee.

7.  Plans to minimize displacement of persons and businesses as a result of funded activities or projects
With the lead based paint hazard reduction activities required with this year's funding, money has been budgeted to assist homeowners who may be temporarily relocated from their homes as part of the project.  The total amount budgeted is $9,000 for a daily stipend, moving expenses, and storage of property.  The amount will be allocated as each project requires.  

8.   Plans to assist persons actually displaced
Those who are required to be temporarily relocated will be asked to find housing that is Lead Safe for which to be relocated until the rehabilitated home has passed clearance.  The city will pay up to five days of relocation funds and reimburse the rest of the funds once the full amount of days out of the house is known.  If the homeowner is to enter the home during relocation activity, funds are not awarded. 

9.   The nature of the proposed activity or project
The project will provide for the rehabilitation of six owner-occupied houses, and the
voluntary relocation of all participants in the City’s target area.  Home health and safety deficiencies will be eliminated resulting in decent, safe and affordable housing.  Rehabilitation activities include electrical, plumbing, mechanical, siding, roofs, windows and lead-based paint and asbestos removal. 
Eligible households must meet the Housing Fund income guidelines, the home to be assisted must be their principal residence and property insurance on the home is required.

Maximum federal dollars to be spent per unit for rehabilitation costs is $ 24,999 plus $ 9,210 per house for Lead Based Paint Hazard Reduction.  The rehabilitation federal funds will be secured by a five-year forgivable loan.

Mayor Nieland asked for public comment.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19662 to commit local monetary support and authorize application to the Iowa Department of Economic Development Housing Fund was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 19662.  Lisa-Marie Garlich, Project Planner from East Central Iowa Council of Governments, answered questions from the City Council regarding the housing project.  All in favor, motion carried.

Ordinance No. 07-30 amending Chapter 75 of the Code of Ordinances relating to definition of all terrain vehicles was read by Lammers for initial consideration.  Moved by Lammers, seconded by Pazour to approve the first reading of ord. No. 07-30.  All in favor, motion carried.

Council Discussion:
                Council Member Pazour congratulated the Marion High School football team on making the playoffs.  Council Member Adamson congratulated the Marion High School volleyball team.
                Council Member Adamson thanked the Mayor and City Manager for attending the "40 under 40" banquet.
                Council Member Adamson wished his daughter, Rachel, a happy golden birthday on November 3rd. 
                Mayor Nieland noted that Marion is the safest city in Iowa with a population over 10,000 for the 8th year.  Mayor Nieland thanked the Police Department.
                Council Member Wagner noted that his daughter had her first driving lesson this week.

Mayor Nieland adjourned the meeting at 7:37 p.m.

 

                                                                                    Attest:

 

____________________________                     _______________________________

John B. Nieland, Mayor                                          Beth J. Little, Assistant City Clerk